The Philippines stands out in Asia as the sole country without an absolute divorce law. Despite the unavailability of divorce, legal alternatives such as annulment and legal separation exist, each with its grounds and conditions post-approval. Many Filipinos find themselves in unhappy or abusive marriages due to various reasons. While religious beliefs are deeply rooted in Filipino culture, the decision to legalize divorce should be based on social and legal considerations rather than religious ones.
[T]he decision to legalize divorce should be based on social and legal considerations rather than religious ones.
Efforts to pass a divorce bill in the Philippines have been ongoing, with the approval of House Bill 9349, also known as the proposed Absolute Divorce Act, for a third and final reading. If enacted, this bill would establish a legal framework for ending irreparable marriages, offering a more straightforward solution compared to annulment and legal separation. The potential passing of this bill signifies a significant step towards aligning Philippine family law with global standards and meeting the needs of its citizens.
Opposition to the divorce bill comes notably from the Catholic Church and some members of the Philippine Congress. Concerns have been raised about the impact on family values and social stability, as well as the essence of marriage. However, it is not a matter of maintaining the sanctity of marriage when clearly, not all spouses uphold and adhere to the vows they made at the altar. Moreover, this is where a crucial law should be applied. According to Article II, Section 6 of the Philippine Constitution, “The separation of Church and State shall be inviolable,” underscoring the government’s role in protecting its citizens and providing legal recourse for those in untenable situations. Civil divorce would not negate the sanctity of marriage within a religious institution; rather, it would offer a legal path forward for couples whose marriages have irretrievably broken down.
Civil divorce would […] offer a legal path forward for couples whose marriages have irretrievably broken down.
The argument that legalizing divorce would undermine family values is also questionable, given that the reality for many Filipinos is the existence of dysfunctional and even abusive marriages can cause more harm to families and children than legalizing divorce. As one legal scholar argued, when marital unions have deteriorated to the point that the solemn promises of love and loyalty have been routinely broken, the dissolution of such relationships may be necessary to preserve the true meaning and sanctity of marriage (Daytec, 2015). There is no need to prolong the suffering of partners and their children for the sake of upholding some ideal that’s no longer good for them.
Divorce is not intended to disrupt families, society, or religious ideals but to offer legal relief to individuals trapped in irreparable marriages. It provides an opportunity for partners facing financial hardship, abuse, violence, or trauma to rebuild their lives with dignity and security. The bill seeks to empower Filipinos to pursue happiness and security even when their marriages have failed, without undermining the spiritual significance of marriage for those who value it.
